Texas House Bill HB736

Texas 2017 - 85th Regular

• Filed: 12/27/16

Caption

Relating to the maintenance of information entered into a fee record.

Impact

The passage of HB 736 is expected to have a significant impact on state laws pertaining to fees and costs in the criminal and civil justice systems. By providing a clear mechanism for identifying and designating uncollectible fees, the bill aims to improve the efficiency of court proceedings and reduce the backlog of overdue fee collections. It also has the potential to alleviate the burden on individuals who may have been repeatedly pursued for fees that are deemed uncollectible under the conditions specified. This change means many defendants will no longer face ongoing pressure from the legal system regarding unpaid fees from cases where they are no longer liable.

Summary

House Bill 736 aims to amend provisions regarding the maintenance of fee records related to uncollectible fees imposed in both criminal and civil actions. The bill introduces a process for the court to designate certain fees or costs as uncollectible under specified conditions. For criminal cases, it targets fees associated with defendants who are deceased, serving life sentences, or have unpaid fees for over a decade. In civil cases, the bill allows fees unpaid for over 20 years to be declared uncollectible by the court. This legislative measure seeks to streamline the management of fees that are virtually impossible to collect, thereby reducing administrative burdens on the courts and associated officials.

Sentiment

Overall, the sentiment around HB 736 appears to be supportive, particularly among those concerned with judicial efficiency and the fair treatment of defendants. Advocates argue that the bill is a necessary step toward modernizing the management of court fees and making the legal system more equitable. However, there might be some concern among certain constituents regarding the implications of labeling fees as uncollectible, particularly in cases where the fees could still potentially be paid in the future under different circumstances. Nonetheless, the prevailing sentiment acknowledges the need for reform in fee assessments within the legal framework.

Contention

Despite the support, there may be points of contention regarding the criteria established for determining uncollectible fees, especially the lengths of time specified. Critics might question whether 10 years and 20 years are appropriate thresholds for different types of fees and may fear that it could lead to the dismissal of legitimate debts. Additionally, there may be concern about the potential loss of revenue for local governments or courts that rely on fee collections for budgetary purposes, sparking debates about the balance between fiscal responsibility and judicial efficiency.